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HomeMy WebLinkAboutC20-202 Frontier PavingFIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND FRONTIER PAVING, INC. THIS FIRST AMENDMENT (“First Amendment”) is effective as of _________________, by and between Frontier Paving, Inc. a Colorado Corporation (hereinafter “Consultant” or “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, County and Consultant entered into an agreement dated the 17 day of April, 2020, for certain Services (the “Original Agreement”); and WHEREAS, the Original Agreement contemplated that the Consultant would perform certain Services with compensation in an amount not to exceed $1,290,874.70; and WHEREAS, the County desires to have Consultant perform additional Services for additional compensation as set forth below; and WHEREAS, the term of the Original Agreement expires on the 30 day of October, 2020, and the parties desire to extend the term for an additional year. FIRST AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: 1. The Original Agreement shall be amended to include additional Services as described in Exhibit 1, which is attached hereto and incorporated herein by reference. 2. The compensation for the additional Services set forth in Exhibit 1 shall not exceed $184,491.90 or a total maximum compensation under the Original Agreement and this First Amendment of $1,475,966.60. 3. The term of the Original Agreement shall not be extended as a result of this First Amendment. 4. Capitalized terms in this First Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the First Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. 5. Except as expressly altered, modified and changed in this First Amendment, all terms and provisions of the Original Agreement shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. DocuSign Envelope ID: 14C7ADB1-6762-485C-AEC4-2943B6C9C3D4 5/26/2020 C20-202 2 Eagle County Amend Term Scope Comp Final 5/14 6.This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Original Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ______________________________ Kathy Chandler-Henry County Commissioners Chair ATTEST: ____________________________ Regina O’Brien, Clerk to the Board CONSULTANT By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 14C7ADB1-6762-485C-AEC4-2943B6C9C3D4 President Charles Ellsworth DocuSign Envelope ID: 14C7ADB1-6762-485C-AEC4-2943B6C9C3D4 P.O. Box 1167 Office 970.625.2224 Silt, Colorado 81652 Fax 970.625.2715 This contract amount is payable to Frontier Paving Inc. for TERMS AND CONDITIONS upon completion unless otherwise provided in this contract or in the plans and specifications. Unless otherwise specified herein, the plans and specifications, if any, are expressly made a part of this contract. The contractor shall perform all the work in accordance with the terms of the plans and specifications. If payments for work are not made when due, the contractor may stop work or terminate this contract and recover from the customer payment for all work executed and any loss sustained and reasonable profit and damages. It is hereby mutually agreed that the contractor shall not be held responsible or liable for any loss, damage, liquidated damages or delay caused by fire, strike, civil or military authority or any other cause beyond its control. The customer may order additional work or changes in writing at any time, at an agreed price or at the contractor's regular rates for the time and material work. The prices, specifications, term and conditions stated above and on� ACCEPTANCE OF PROPOSAL By acceptance, I understand that a binding contract has been created when confirmed by Frontier Paving Inc. ACCEPTED PROPOSAL # 13535r Date: _________ _ Signature: _____________ _ Signature: _____________ _ CONFIRMATION BY CONTRACTOR Date: _________ _ FRONTIER PAVING INC. By: _____________ _ Dave Heiberger Page2 DocuSign Envelope ID: 14C7ADB1-6762-485C-AEC4-2943B6C9C3D4